Augusta Medical Malpractice Lawyer
Augusta is one of the largest medical centers in the southeastern United States. Augusta University Medical Center — the teaching hospital of the Medical College of Georgia — is the region’s only Level I trauma center and the state’s only public academic medical center. Doctors Hospital, University Hospital, the Charlie Norwood VA Medical Center, and dozens of specialty practices and surgical centers treat hundreds of thousands of patients each year throughout the Augusta metropolitan area.
With this concentration of medical activity comes a corresponding risk of medical errors. Surgical mistakes, misdiagnosis, medication errors, birth injuries, anesthesia complications, and hospital-acquired infections can cause devastating harm to patients and their families. When a healthcare provider’s negligence injures you or a loved one, the medical malpractice lawyers at Wetherington Law Firm are prepared to hold them accountable.
Call 404-888-4444 for a free consultation. Español: (404) 793-1667
Types of Medical Malpractice in Augusta
Surgical Errors
Augusta’s hospitals and surgical centers perform thousands of procedures annually. Surgical errors include wrong-site surgery, operating on the wrong patient, leaving surgical instruments inside the patient, damaging nerves or organs during surgery, and performing unnecessary procedures. These errors can require additional surgeries, cause permanent disability, or result in death.
Misdiagnosis and Delayed Diagnosis
Failure to properly diagnose a medical condition — or significant delay in reaching a correct diagnosis — can allow a treatable condition to progress to a life-threatening stage. Cancer misdiagnosis, failure to diagnose heart attacks and strokes, and missed infections are among the most common and most harmful diagnostic errors.
Birth Injuries
Augusta’s hospitals deliver thousands of babies each year. Birth injuries including cerebral palsy, Erb’s palsy, brain damage from oxygen deprivation, and fractures can result from negligent prenatal care, failure to monitor fetal distress, delayed emergency C-section, and improper use of forceps or vacuum extractors. Birth injury cases often involve the highest damages due to the lifetime care needs of the injured child.
Medication Errors
Prescribing the wrong medication, prescribing the wrong dosage, failing to check for drug interactions, and pharmacy dispensing errors can cause severe adverse reactions, organ damage, and death. Hospital medication errors may involve failures in electronic prescribing systems, nursing administration errors, or pharmacy compounding mistakes.
Anesthesia Errors
Anesthesia complications can cause brain damage, respiratory failure, and death. Errors include administering too much or too little anesthesia, failing to monitor the patient during surgery, failure to review the patient’s medical history for contraindications, and intubation injuries.
Emergency Room Errors
Emergency rooms at Augusta’s hospitals treat patients under time pressure, which can contribute to errors. Common ER malpractice includes failure to diagnose heart attacks, strokes, and appendicitis, premature discharge, failure to order appropriate diagnostic tests, and triage errors that delay treatment of serious conditions.
Hospital-Acquired Infections
Patients who develop infections during hospital stays due to inadequate sterilization, poor hand hygiene, improper catheter care, or contaminated surgical instruments may have medical malpractice claims.
Georgia Medical Malpractice Law
Expert Affidavit Requirement (O.C.G.A. § 9-11-9.1)
Georgia requires that a medical malpractice complaint be accompanied by an affidavit from a qualified medical expert at the time of filing. The expert must be competent to testify as to the applicable standard of care and must confirm that at least one act of negligence occurred. This requirement exists to screen out frivolous claims but also means that significant preparation and expert consultation is required before a case can be filed.
Standard of Care
The standard of care is defined as what a reasonably competent healthcare provider in the same medical specialty would have done under similar circumstances. In Augusta, where medical care ranges from community practice to the academic medicine practiced at Augusta University Medical Center, the standard of care may vary depending on the facility and the treating physician’s specialty.
Statute of Limitations (O.C.G.A. § 9-3-71)
Medical malpractice claims must be filed within two years of the date the injury occurred or was discovered. Georgia imposes an absolute five-year statute of repose from the date of the negligent act, even if the injury was not discovered until later. For children under age 5 at the time of the malpractice, the deadline extends to the child’s seventh birthday.
No Damages Cap
Georgia does not cap compensatory damages in medical malpractice cases. The Georgia Supreme Court struck down the damages cap in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010), ruling that it violated the right to a jury trial. This means there is no artificial limit on the compensation a jury can award for your injuries.
Building a Medical Malpractice Case in Augusta
Medical malpractice cases are among the most complex personal injury cases to pursue. They require:
- Medical expert review: Before filing, we have the medical records reviewed by qualified experts in the relevant specialty to confirm that a breach of the standard of care occurred and caused your injuries.
- Comprehensive records collection: We obtain all medical records from Augusta University Medical Center, Doctors Hospital, University Hospital, the VA, primary care physicians, specialists, and any other providers involved in your care.
- Expert witness retention: We retain board-certified physicians in the appropriate specialty to serve as expert witnesses, both for the expert affidavit required at filing and for trial testimony.
- Economic analysis: For cases involving permanent disability or the need for lifetime care (particularly birth injury cases), we work with economists and life care planners to project the full cost of future medical needs.
- Litigation in Richmond County Superior Court: Medical malpractice lawsuits against Augusta healthcare providers are typically filed in Richmond County Superior Court at 735 James Brown Boulevard.
Who Can Be Held Liable for Medical Malpractice in Augusta?
- Individual physicians and surgeons who breach the standard of care
- Hospitals for the negligence of their employed physicians, nurses, and staff, as well as for systemic failures in protocols, staffing, and equipment
- Nurses and nursing staff who commit medication errors, fail to monitor patients, or fail to report changes in condition to physicians
- Anesthesiologists and nurse anesthetists for anesthesia-related errors
- Pharmacies and pharmacists for dispensing errors
- Medical device and pharmaceutical manufacturers for defective products that cause patient harm
Harmed by a Medical Provider in Augusta? Get a Free Case Review.
Medical malpractice cases have strict deadlines and require expert analysis. Call 404-888-4444 for a free, confidential consultation.
Frequently Asked Questions About Augusta Medical Malpractice
What is medical malpractice under Georgia law?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing patient injury or death. An expert affidavit confirming the breach is required at the time of filing under O.C.G.A. § 9-11-9.1.
What is the statute of limitations for medical malpractice in Georgia?
Two years from the date of injury or discovery, with a five-year absolute repose period (O.C.G.A. § 9-3-71). For children under 5, the deadline extends to the child’s seventh birthday.
What is the expert affidavit requirement?
You must file an affidavit from a qualified medical expert with your complaint. The expert must confirm that at least one act of negligence occurred. This requires pre-filing medical review and expert consultation.
Is there a cap on medical malpractice damages in Georgia?
No. Georgia’s compensatory damages cap was struck down as unconstitutional in 2010. Punitive damages are generally capped at $250,000 under O.C.G.A. § 51-12-5.1, with exceptions.
Call 404-888-4444 or request a free consultation. No fee unless we win.